MAKHAN LAL SONKER Vs. DWARKA PRASAD

JUDGEMENT

(1.) Being dissatisfied with the award dated 21.8,1995 passed in M.V.C. No. 479 of 1994 by the Motor Accidents Claims Tribunal, Jabalpur, the claimant-appellant has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) Factual matrix as has been exposited is that on 17.2.1989 at about 10.30 p.m. when claimant-appellant was going from Malviya Chowk to Karamchand Chowk the respondent No. 1, the driver of the jeep bearing registration No. MIK 2448, dashed the concerned jeep against the claimant. It was alleged that the said vehicle was driven in a rash and negligent manner. Because of the accident the claimant sustained multiple fractures on his left leg and various other injuries on other parts of the body. The claimant was got hospitalised/ admitted in Victoria Hospital, Jabalpur and availed treatment from 17.2.89 to 3.8.1989. It was also put forth by the claimant that the treatment continued up to 4.11.1990 and he had to undergo further treatment under Dr. Siddique. It was set forth before Claims Tribunal in the claim petition that Rs. 30,000 was spent for treatment. It was also stated that Rs. 25,000 more was likely to be spent for treatment in future. It was also pleaded that the claimant had sustained permanent disability. Computing on various heads a claim of Rs. 9,85,000 was advanced before the Claims Tribunal. Interest at the rate of 18 per cent was also claimed. It was contended before the Tribunal that the vehicle in question was insured with National Insurance Co. Ltd., the respondent No. 3 herein and, therefore, insurer was liable to indemnify the owner.

(3.) The owner and driver who had been arrayed as non-applicant Nos. 1 and 2 in the claim petition before the Tribunal filed their written statements disputing their liabilities on the ground that the accident had occurred due to negligence of the claimant himself. It was also put forth by them that the vehicle in question was insured with the non-applicant No. 3 therein and if any liability was to be fastened it was to be made good by the insurer.